Contesting a Will

[London2022]

Hi there,
My father has sorted out his affairs with a will etc but is concerned that members of the family will contest his wishes. Is there any thing he can do to prevent this and get a medical sign off that he is of sound mind etc?

Thanks

[atticus]

Did your father instruct a solicitor to prepare his will? If so, the 'capacity' question should have been covered. A solicitor should usually discuss reasons for excluding from a will someone who might otherwise expect to benefit.

[London2022]

Ok great - thanks will double check. He did instruct a solicitor to prepare his will. The main reason is because he is excluding estranged siblings as a result of them and he no longer having contact because of issues in the past.

[JJW]

Did your father still have to mention all his children on the Will, even though they were no longer beneficiaries?

[dslippy]

If, as you suggest, that is the only reason for not mentioning the persons you mention is that they were estranged family members, then forget them.

[JJW]

Dslippy

Nut if you’re revoking a will the will preparation statement has to show why you are deleting them from the will, I thought.

Plus I thought all your children had to be mentioned of leaving them out, does anybody know?

[atticus]

With respect, what you thought is not correct.

It may be wise to give reasons for disinheriting someone, but that is all.

[dslippy]

I agree.

There is no need to specify those who have been left out of the instructions for your will.

[JJW]

Atticus

No, you have to explain, why you are revoking a will, all typed out plus dated exhibits, in the will preparation statement, along with who was present, who made the appointment, testator’s health/capacity ecetera, at the request of a Larke v Nugus letter to the will writer/solicitor..

[atticus]

You may have misunderstood me. These things are advisable, but not mandatory.

I made the point in post #2.